Contents

A statute under the Fair Labor Standards Act of 1938 exempted "bona fide executive, administrative, or professional" employees from overtime pay requirements. In determining whether an employee was exempt, the US Department of Labor and the Secretary of Labor applied a "salary-basis" test in 1940 that was not applicable to state and local employees.

In 1974, Congress extended the Fair Labor Standards Act of 1938 to cover all public-sector employees. For an employee to be exempt under the salary-basis test, the employee must earn a specified minimum amount on a salary basis. Employees would be considered to be paid on a salary basis if they routinely received a weekly predetermined payment that was not subject to reduction because of any variations in the "quality or quantity of the work performed."

Petitioners were sergeants and a lieutenant employed by the St. Louis Police Department in Missouri. They sued the respondents, members of the St. Louis Board of Police Commissioners, and sought overtime pay that they believed was owed to them under the FLSA. Petitioners argued that they did not meet the requirements of the Secretary's salary-basis test since the St. Louis Metropolitan Police Department Manual stated that their salary could be reduced for a variety of disciplinary infractions, including the quality or the quantity of work performed. Petitioners also argued their duties were not of an executive, administrative, or professional nature, as required under the salary-basis test.

The District Court found for the respondents, ruling that petitioners were paid on a salary basis. On appeal, the Eighth Circuit Court of Appeals affirmed in part and reversed in part. While petitioners had argued that the police department manual made it a possibility for employees to be deducted pay for disciplinary infractions, all employees are subject to such deductions that are nonexempt under the FLSA. Specifically, the petitioners highlighted the fact that one sergeant was actually subjected to a disciplinary deduction.

The Court of Appeals rejected the petitioners' argument. The Court held that a "one-time incident" in which disciplinary deductions were executed against one sergeant was a unique circumstance that did not defeat the salaried status of an employee. The Court held that both the salary-basis test and the duties test were satisfied to all petitioners.

If the first question was answered in the affirmative, did the Secretary of Labor reasonably interpret the salary-basis test to deny public-sector employees salaried status and thus grant them overtime pay when their compensation might, "as a practical matter," be adjusted in ways that were ostensibly inconsistent with the letter of the test? Given that the police manual provided for disciplinary deductions in pay for the police officers, which is generally sufficient to preclude exempt status under the FLSA, the question was whether the possible but unlikely disciplinary deductions in pay, as provided for by the police manual, were enough to render the petitioners' pay "subject to" disciplinary deductions specifically within the meaning of the salary-basis test.

The Supreme Court agreed with the Court of Appeals in holding that both the salary-basis test and the duties test were satisfied as to all petitioners. The Supreme Court dismissed the petitioners' argument that the regulations concerning "disciplinary actions" should not apply to public sector employees and instead deferred to the Secretary of Labor's regulations by citing Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984) because it was "based on a permissible construction of the statute." The Court denied the petitioners argument that public sector employee pay is distinguished from private sector employee pay because in the public sector enforcing compliance with work rules is a necessary component of effective government, thus reinforcing the 1974 extension of the FLSA to cover virtually all public sector employees.

While Chevron refers to the interpretation of an agency's enabling statute, the Court here gave deference to the agency in interpreting its own rules and regulatory schemes and reasoned that "because the salary-basis test is a creature of the Secretary's own regulations, his interpretation of it is, under our jurisprudence, controlling unless, 'plainly erroneous or inconsistent with the regulation.'" Further, the fact that the Secretary's interpretation came in the form of a legal brief did not make it unworthy of deference since the Secretary's position was "in no way a post hoc rationalization...to defend past agency action against attack."[1] Under the Secretary's view, it is not enough that the police policy manual includes some specified penalties that involve disciplinary deductions in pay because the manual lists 58 possible rule violations and a range of penalties, which does not effectively communicate that pay deductions are or should be an anticipated form of punishment. Therefore, the Court stated that "no clear inference can be drawn as to the likelihood of a sanction being applied to employees such as petitioners."

Additionally, the Supreme Court states that the even if the petitioners had been correct in their arguments, they did not follow the proper procedures. Under the APA, they should have gone through the regulatory appeals process, instead of directly appealing to the courts.[2]

Auer deference gives agencies a highest level of deference in interpreting their own regulations. However, deference is warranted only if the language of the regulation is ambiguous unless it is plainly erroneous or inconsistent with the regulation. The case expands Chevron deference by giving the agency the highest deference.

In Chevron, there was a two-step standard of review. The Chevron standard dealt with "a formal rationale for judicial deference to an agency's interpretation of a statute." Auer did not adopt the two-step process for review in Chevron but a single level standard of deference "to an agency's permissible interpretation of its regulation."

Auer deals with the agency's interpretation of its own regulation, as opposed to the agency's interpretation of the statute, as in Chevron.

In Auer, the claim was not that the regulation was substantively unlawful or even that it violated a clear procedural prerequisite. It was that it was arbitrary and capricious not to conduct amendatory rulemaking, which might have resulted in no change. There was no basis for the court to set aside the agency's action, prior to any application for relief addressed to the agency itself.

The proper procedure for pursuit of respondent's grievance was set forth explicitly in the APA: a petition to the agency for rulemaking.

The impact of Auer deference has continued to grow with the expansion of the administrative state.[citation needed]

1.
Supreme Court of the United States
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The Supreme Court of the United States is the highest federal court of the United States. In the legal system of the United States, the Supreme Court is the interpreter of federal constitutional law. The Court normally consists of the Chief Justice of the United States and eight justices who are nominated by the President. Once appointed, justices have life tenure unless they resign, retire, in modern discourse, the justices are often categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation. Each justice has one vote, and while many cases are decided unanimously, the Court meets in the United States Supreme Court Building in Washington, D. C. The Supreme Court is sometimes referred to as SCOTUS, in analogy to other acronyms such as POTUS. The ratification of the United States Constitution established the Supreme Court in 1789 and its powers are detailed in Article Three of the Constitution. The Supreme Court is the court specifically established by the Constitution. The Court first convened on February 2,1790, by which five of its six initial positions had been filled. According to historian Fergus Bordewich, in its first session, he Supreme Court convened for the first time at the Royal Exchange Building on Broad Street and they had no cases to consider. After a week of inactivity, they adjourned until September, the sixth member was not confirmed until May 12,1790. Because the full Court had only six members, every decision that it made by a majority was made by two-thirds. However, Congress has always allowed less than the Courts full membership to make decisions, under Chief Justices Jay, Rutledge, and Ellsworth, the Court heard few cases, its first decision was West v. Barnes, a case involving a procedural issue. The Courts power and prestige grew substantially during the Marshall Court, the Marshall Court also ended the practice of each justice issuing his opinion seriatim, a remnant of British tradition, and instead issuing a single majority opinion. Also during Marshalls tenure, although beyond the Courts control, the impeachment, the Taney Court made several important rulings, such as Sheldon v. Nevertheless, it is primarily remembered for its ruling in Dred Scott v. Sandford, which helped precipitate the Civil War. In the Reconstruction era, the Chase, Waite, and Fuller Courts interpreted the new Civil War amendments to the Constitution, during World War II, the Court continued to favor government power, upholding the internment of Japanese citizens and the mandatory pledge of allegiance. Nevertheless, Gobitis was soon repudiated, and the Steel Seizure Case restricted the pro-government trend, the Warren Court dramatically expanded the force of Constitutional civil liberties. It held that segregation in public schools violates equal protection and that traditional legislative district boundaries violated the right to vote

2.
William Rehnquist
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Considered a conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendments reservation of powers to the states. Under this view of federalism the Court, for the first time since the 1930s, the last 11 years of Rehnquists term as chief justice marked the second-longest tenure of a single unchanging roster of the Supreme Court, exceeded only between February 1812 and September 1823. He is the justice in Supreme Court history. Rehnquist was born William Donald Rehnquist in Milwaukee, Wisconsin, on October 1,1924 and he grew up in the suburb of Shorewood. Rehnquist changed his name to Hubbs, a family name. His paternal grandparents immigrated from Sweden, Rehnquist graduated from Shorewood High School in 1942. He attended Kenyon College, in Gambier, Ohio, for one quarter in the fall of 1942 and he served from March 1943 –1946, mostly in assignments in the United States. He was put into a program and assigned to Denison University until February 1944. He served three months at Will Rogers Field in Oklahoma City, three months in Carlsbad, New Mexico, and then went to Hondo, Texas, for a few months. He was then chosen for training program, which began at Chanute Field, Illinois. The program was designed to teach the maintenance and repair of weather instruments, in the summer of 1945, Rehnquist went overseas as a weather observer in North Africa. After the war ended, Rehnquist attended Stanford University with assistance under the provisions of the G. I, in 1948, he received both a Bachelor of Arts and a Master of Arts degree in political science. In 1950, he attended Harvard University, where he received another Master of Arts and he later returned to Stanford, and graduated from the Stanford Law School in the same class as Sandra Day OConnor, with whom he would later serve on the Supreme Court. Rehnquist graduated first in his class, Rehnquist went to Washington, D. C. to work as a law clerk for Justice Robert H. Jackson of the United States Supreme Court during the courts 1952–1953 term. Rehnquists 1952 memo, entitled A Random Thought on the Segregation Cases, Rehnquist said, I believe that the memorandum was prepared by me as a statement of Justice Jacksons tentative views for his own use. Justice Jackson did not ask law clerks to express his views and he expressed his own and they expressed theirs. That is what happened in this instance, however, the papers of Justices Douglas and Frankfurter indicate that Justice Jackson voted for Brown in 1954 only after changing his mind. However, Rehnquist acknowledged defending Plessy in arguments with fellow law clerks, several commentators have concluded that the memo reflected Rehnquists own views rather than those of Justice Jackson

3.
Sandra Day O'Connor
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Sandra Day OConnor is a retired associate justice of the Supreme Court of the United States, serving from her appointment in 1981 by Ronald Reagan until her retirement in 2006. She was the first woman to serve as a Justice of the Supreme Court of the United States. Prior to OConnors tenures on the Court, she was an elected official, on July 1,2005, she announced her intention to retire effective upon the confirmation of a successor. Samuel Alito was nominated to take her seat in October 2005, considered a federalist and a moderate Republican, OConnor tended to approach each case narrowly without arguing for sweeping precedents. She most frequently sided with the conservative bloc, although in the latter years of her tenure. OConnor was Chancellor of The College of William & Mary in Williamsburg, Virginia and she also served on the Board of Trustees for Colonial Williamsburg. Several publications have named OConnor among the most powerful women in the world, on August 12,2009, she was awarded the Presidential Medal of Freedom, the highest civilian honor of the United States, by President Barack Obama. She was born in El Paso, Texas, the daughter of Harry Alfred Day, a rancher and her sister was Ann Day, who served in the Arizona Legislature. She grew up on a ranch near Duncan, Arizona where she had to change automobile flat tires herself in dangerous environments. She later wrote a book with her brother, H. Alan Day, Lazy B, Growing up on a Cattle Ranch in the American West, about her childhood experiences on the ranch. For most of her schooling, OConnor lived in El Paso with her maternal grandmother, and attended school at the Radford School for Girls. She graduated sixth in her class at Austin High School in El Paso in 1946 and she attended Stanford University, where she received her B. A. in economics in 1950. She continued at the Stanford Law School for her LL. B and she has stated that she graduated third in her law school class, although Stanfords official position is that the law school did not rank students in 1952. On December 20,1952, six months after graduating law school. Her husband suffered from Alzheimers disease for twenty years until his death in 2009. After graduation from law school, at least forty law firms refused to interview her for a position as an attorney because she was a woman. She eventually found employment as a deputy county attorney in San Mateo, California, after she offered to work for no salary and without an office, sharing space with a secretary. When her husband was drafted, she decided to pick up and they remained there for three years before returning to the states, where they settled in Maricopa County, Ariz. to begin their family

4.
Antonin Scalia
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Antonin Gregory Scalia was an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016. Appointed to the Court by President Ronald Reagan in 1986, Scalia was described as the anchor for the originalist and textualist position in the Courts conservative wing. Scalia was born in Trenton, New Jersey and he attended Xavier High School in Manhattan and then college at Georgetown University in Washington, D. C. He obtained his law degree from Harvard Law School and spent six years in a Cleveland law firm before becoming a law professor at the University of Virginia. In the early 1970s, he served in the Nixon and Ford administrations and he spent most of the Carter years teaching at the University of Chicago, where he became one of the first faculty advisers of the fledgling Federalist Society. In 1982, Ronald Reagan appointed him as judge of the United States Court of Appeals for the District of Columbia Circuit, in 1986, Reagan appointed him to the Supreme Court. Scalia was unanimously confirmed by the Senate, becoming the first Italian-American justice and he was a strong defender of the powers of the executive branch, believing presidential power should be paramount in many areas. He opposed affirmative action and other policies that treated minorities as special groups and he filed separate opinions in many cases and often castigated the Courts majority in his minority opinions using scathing language. Antonin Scalia was born on March 11,1936, in Trenton, New Jersey and his father, Salvatore Eugene Scalia, an Italian immigrant from Sommatino, Sicily, was a graduate student at Columbia University and clerk at the time of his sons birth. The elder Scalia would become a professor of Romance languages at Brooklyn College and his mother, Catherine Louise Scalia, was born in Trenton to Italian immigrant parents and worked as an elementary school teacher. In 1939, Scalia and his moved to the Elmhurst section of Queens, New York. He later stated that he spent much of his time on schoolwork and admitted, while a youth, he was also active as a Boy Scout and was part of Scoutings national honor society, the Order of the Arrow. Classmate and future New York State official William Stern remembered Scalia in his school days. He could have been a member of the Curia and he was the top student in the class. He was brilliant, way above everybody else, in 1953, Scalia enrolled at Georgetown University, where he graduated valedictorian and summa cum laude in 1957 with a Bachelor of Arts in history. While in college, he was a champion debater in Georgetowns Philodemic Society. He took his junior year abroad at the University of Fribourg, Scalia studied law at Harvard Law School, where he was a Notes Editor for the Harvard Law Review. He graduated magna cum laude from Harvard in 1960, becoming a Sheldon Fellow of Harvard University, the fellowship enabled him to travel throughout Europe during 1960–1961

5.
Ruth Bader Ginsburg
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Ruth Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10,1993 and she is the second female justice and one of four female justices appointed on the Supreme Court. She is generally viewed as belonging to the wing of the Court. Ginsburg was one of the few women in her law school class, following law school, Ginsburg turned to academia. She was a professor at Rutgers School of Law–Newark and Columbia Law School, Ginsburg spent a considerable portion of her legal career as an advocate for the advancement of gender equality and womens rights, winning multiple victories arguing before the Supreme Court. She advocated as a lawyer for the American Civil Liberties Union and was a member of its board of directors. In 1980, President Jimmy Carter appointed her to the U. S. Court of Appeals for the District of Columbia Circuit. Born in Brooklyn, New York City, Joan Ruth Bader is the daughter of Nathan and Celia Bader, Russian Jewish immigrants. The Baders older daughter, Marylin, died of meningitis at age 6 when Ruth was 14 months old, the family called Joan Ruth Kiki, a nickname Marylin had given her for being a kicky baby. When Kiki started school, Celia discovered that her daughters class had several other girls named Joan, although not devout, the Bader family belonged to East Midwood Jewish Center, a Conservative temple, where Ruth learned tenets of the Jewish faith and gained familiarity with the Hebrew language. At age thirteen, Ruth acted as the rabbi at a Jewish summer program at Camp Che-Na-Wah in Minerva. Her mother took a role in her education, taking her to the library often. Celia had been a student in her youth, graduating from high school at age 15. Celia wanted to see her daughter get more of an education, Ruth attended James Madison High School, whose law program later dedicated a courtroom in her honor. Celia struggled with cancer throughout Ruths high school years, and died the day before Ruths high school graduation, Bader attended Cornell University in Ithaca, New York, where she was a member of Alpha Epsilon Phi. While at Cornell she met Martin D. Ginsburg at age 17 and she graduated from Cornell with a Bachelor of Arts degree in government on June 23,1954. She was a member of Phi Beta Kappa and the female student in her graduating class. At age 21, she worked for the Social Security Administration office in Oklahoma and she gave birth to a daughter in 1955

6.
David Souter
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David Hackett Souter is a retired Associate Justice of the Supreme Court of the United States. He served from October 1990 until his retirement in June 2009 and he was the only Justice during his time on the Court with extensive prior court experience outside of a federal appeals court. Following Souters retirement announcement in May 2009, President Barack Obama nominated Sonia Sotomayor as his successor, Souter was born in Melrose, Massachusetts, on September 17,1939, the only child of Joseph Alexander Souter and Helen Adams Souter. At age 11, he moved with his family to their farm in Weare, in 1961, he graduated with an A. B. magna cum laude as a member of Phi Beta Kappa. He was selected as a Rhodes Scholar and earned a Bachelor of Arts degree from Magdalen College, Oxford and he then entered Harvard Law School, graduating in 1966. As Assistant Attorney General he prosecuted criminal cases in the courts, in 1971, Warren Rudman, then the Attorney General of New Hampshire, selected Souter to be the Deputy Attorney General. Souter succeeded Rudman as New Hampshire Attorney General in 1976, in 1978, with the support of his friend Rudman, Souter was named an Associate Justice of the Superior Court of New Hampshire. As a judge on the Superior Court he heard cases in two counties and was noted for his tough sentencing, with four years of trial court experience, Souter was appointed to the New Hampshire Supreme Court as an Associate Justice in 1983. Shortly after George H. W. Bush was sworn in as President, Souter had had seven years of judicial experience at the appellate level, four years at the trial court level, and ten years with the Attorney Generals office. He was confirmed by unanimous consent of the Senate on April 27,1990, President George H. W. Bush originally considered appointing Clarence Thomas to Brennans seat, but decided that Thomas did not have enough experience as a judge. Souter was seen as a justice whose professional record in the state courts provoked little real controversy. Bush nominated Souter on July 25,1990, saying that he did not know Souters stances on abortion, affirmative action, Senate confirmation hearings were held beginning on September 13,1990. The National Organization for Women opposed Souters nomination and held a rally outside of the Senate during his confirmation hearings, the president of NOW, Molly Yard, testified that Souter would end freedom for women in this country. Souter was also opposed by the NAACP, which urged its 500,000 members to write letters to their senators asking them to no on the nomination. And so we had better use every power of our minds and our hearts, despite the opposition, Souter won an easy confirmation compared to those of later appointees. The Senate Judiciary Committee reported out the nomination by a vote of 14–3, the Senate confirmed the nomination by a vote of 90–9, the nine senators voting against Souter included Ted Kennedy and John Kerry from Souters neighboring state of Massachusetts. These senators, along with seven others, painted Souter as a right-winger in the mold of Robert Bork and they based their claim on Souters friendships with many conservative politicians in New Hampshire. Souter opposed having cameras in the Supreme Court during oral arguments because he said questions would be out of context by the media

7.
John Paul Stevens
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John Paul Stevens is a retired associate justice of the Supreme Court of the United States, who served from December 19,1975, until his retirement on June 29,2010. At the time of his retirement, he was the oldest justice then serving, the second-oldest serving justice in the history of the Court, and he was nominated by President Gerald Ford to replace the Courts longest-serving justice, William O. Douglas. Stevens is widely considered to have been on the side of the Court at the time of his retirement. Stevens served with three Chief Justices, Stevens was born on April 20,1920, in Hyde Park, Chicago, Illinois, to a wealthy family. His paternal grandfather had formed a company and held real estate in Chicago. His father, Ernest James Stevens, was a lawyer who became a hotelier. He lost ownership of the hotels during the Great Depression and was convicted of embezzlement and his mother, Elizabeth Maude Stevens, was a high-school English teacher. Two of his three brothers also became lawyers. As a boy, Stevens attended the 1932 World Series baseball game in Chicagos Wrigley Field in which Babe Ruth called his shot, Stevens later recalled, Ruth did point to the center-field scoreboard. And he did hit the ball out of the park after he pointed with his bat, so it really happened. He also had the opportunity to meet several people of the era, including the famed aviators Amelia Earhart and Charles Lindbergh. The family lived in Hyde Park, and John Paul Stevens attended the University of Chicago Laboratory School. He subsequently obtained a bachelor of arts in English from the University of Chicago in 1941, while in college and he began work on his masters degree in English at the university in 1941, but soon decided to join the United States Navy. He enlisted on December 6,1941, one day before the attack on Pearl Harbor, Stevens was awarded a Bronze Star for his service in the codebreaking team whose work led to the downing of Japanese Admiral Isoroku Yamamotos plane in 1943. Stevens married Elizabeth Jane Shereen in June 1942, divorcing her in 1979, he married Maryan Mulholland Simon that December. He has four children, John Joseph, Kathryn, Elizabeth, with the end of World War II, Stevens returned to Illinois, intending to return to his studies in English, but was persuaded by his brother Richard, who was a lawyer, to attend law school. Stevens enrolled in the Northwestern University School of Law in 1945 and he was a brilliant student, earning the highest GPA in the history of the law school. He received his J. D. in 1947, graduating cum laude

8.
Clarence Thomas
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Clarence Thomas is an American judge, lawyer, and government official who currently serves as an Associate Justice of the Supreme Court of the United States. Thomas succeeded Thurgood Marshall and is the second African American to serve on the court, Thomas grew up in Savannah, Georgia, and was educated at the College of the Holy Cross and at Yale Law School. In 1974, he was appointed an Assistant Attorney General in Missouri, in 1979, he became a legislative assistant to Senator John Danforth and in 1981 was appointed Assistant Secretary for Civil Rights at the U. S. Department of Education. In 1982, President Ronald Reagan appointed Thomas Chairman of the Equal Employment Opportunity Commission, in 1990, President George H. W. Bush nominated Thomas for a seat on the United States Court of Appeals for the District of Columbia Circuit. He served in that role for 16 months and on July 1,1991, was nominated by Bush to fill Marshalls seat on the United States Supreme Court, the U. S. Senate ultimately confirmed Thomas by a vote of 52–48. Since joining the court, Thomas has taken a textualist approach, seeking to uphold the original meaning of the United States Constitution and he is generally viewed as the most conservative member of the court. Clarence Thomas was born in 1948 in Pin Point, Georgia and he was the second of three children born to M. C. Thomas, a worker, and Leola Williams, a domestic worker. They were descendants of American slaves, and the family spoke Gullah as a first language, Thomass earliest-known ancestors were slaves named Sandy and Peggy who were born around the end of the 18th century and owned by wealthy Liberty County, Georgia planter Josiah Wilson. M. C. left his family when Thomas was two years old, Thomass mother worked hard but was sometimes paid only pennies per day. She had difficulty putting food on the table and was forced to rely on charity, after a house fire left them homeless, Thomas and his younger brother Myers were taken to live with his maternal grandparents in Savannah, Georgia. Thomas was seven when the family moved in with his grandfather, Myers Anderson. Living with his grandparents, Thomas enjoyed amenities such as indoor plumbing and his grandfather Myers Anderson had little formal education, but had built a thriving fuel oil business that also sold ice. Thomas calls his grandfather the greatest man I have ever known, when Thomas was 10, Anderson started taking the family to help at a farm every day from sunrise to sunset. His grandfather believed in hard work and self-reliance, he would counsel Thomas to never let the sun catch you in bed, Thomas grandfather also impressed upon his grandsons the importance of getting a good education. Thomas was the black person at his high school in Savannah. He considered entering the priesthood at the age of 16, and he also briefly attended Conception Seminary College, a Roman Catholic seminary in Missouri. No one in Thomass family had attended college, Thomas has said that during his first year in seminary, he was one of only three or four blacks attending the school

9.
Sergeant
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Sergeant is a rank in many uniformed organizations, principally military and policing forces. Its origin is the Latin serviens, one who serves, through the French term sergent, the term sergeant refers to a non-commissioned officer placed above the rank of a corporal and a police officer immediately below a lieutenant. In most armies the rank of sergeant corresponds to command of a squad, in Commonwealth armies, it is a more senior rank, corresponding roughly to a platoon second-in-command. In the United States Army, sergeant is a junior rank corresponding to a four-soldier fireteam leader. More senior non-commissioned ranks are often variations on sergeant, for example staff sergeant, many countries use sergeant rank, whether in English or using a cognate with the same origin in another language. The equivalent rank in Arab armies is raqeeb, meaning overseer or watcher, in medieval European usage, a sergeant was simply any attendant or officer with a protective duty. Any medieval knight or military order of knighthood might have sergeants-at-arms, the etymology of the term is from Anglo-French sergant, serjant servant, valet, court official, soldier, from Middle Latin servientem servant, vassal, soldier. Later, a sergeant was a man of what would now be thought of as the middle class. Sergeants could fight either as heavy to light cavalry, or as well trained professional infantry, most notable medieval mercenaries fell into the sergeant class, such as Flemish crossbowmen and spearmen, who were seen as reliable quality troops. The sergeant class was deemed to be half of a knight in military value. A specific kind of military sergeant was the serjeant-at-arms, one of a body of armed men retained by English lords, the title is now given to an officer in modern legislative bodies who is charged with keeping order during meetings and, if necessary, forcibly removing disruptive members. The responsibilities of a sergeant differ from army to army, there are usually several ranks of sergeant, each corresponding to greater experience and responsibility for the daily lives of the soldiers of larger units. Sergeant is a rank in both the Australian Army and the Royal Australian Air Force, the ranks are equivalent to each other and the Royal Australian Navy rank of petty officer. The Australian Army rank of sergeant is now redundant and is no longer awarded, due to being outside the rank equivalencies. Chief petty officers and flight sergeants are not required to call a warrant officer class two sir in accordance with Australian Defence Force Regulations 1952. The rank of sergeant exists in all Australian police forces and is more senior than a constable or senior constable, New South Wales Police Force, for example, has the additional rank of incremental sergeant. This is a progression, following appointment as a sergeant for seven years. An incremental sergeant rank is less senior than a senior sergeant but is more senior than a sergeant, upon appointment as a sergeant or senior sergeant, the sergeant is given a warrant of appointment under the commissioners hand and seal

10.
Lieutenant
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A lieutenant is a junior commissioned officer in many nations armed forces, fire service or police. The meaning of lieutenant differs in different military formations, but is often subdivided into senior and junior ranks, in navies it is often equivalent to the army rank of captain, it may also indicate a particular post rather than a rank. The rank is used in fire services, emergency medical services, security services. Lieutenant may also appear as part of a used in various other organisations with a codified command structure. It often designates someone who is second-in-command, and as such, for example, a lieutenant master is likely to be second-in-command to the master in an organisation using both ranks. Political uses include lieutenant governor in various governments, and Quebec lieutenant in Canadian politics, in the United Kingdom, a lord lieutenant is the sovereigns representative in a county or lieutenancy area, while a deputy lieutenant is one of the lord lieutenants deputies. However, their efforts failed, and the French word is used, along with its many variations. The early history of the pronunciation is unclear, Middle English spellings suggest that the /luː-/ and /lɛf-/ pronunciations may have existed even then. The rare Old French variant spelling luef for Modern French lieu supports the suggestion that a final of the Old French word was in certain environments perceived as an, in Royal Naval tradition—and other English-speaking navies outside the United States—a reduced pronunciation /ləˈtɛnənt/ is used. This is not recognised as current by recent editions of the OED, conventionally, armies and other services or branches which use army-style rank titles have two grades of lieutenant, but a few also use a third, more junior, rank. Where more junior officers were employed as deputies to the lieutenant, they went by names, including second lieutenant, sub-lieutenant, ensign. The senior grade of lieutenant is known as first lieutenant in the United States, and as lieutenant in the United Kingdom, in countries which do not speak English, the rank title usually translates as lieutenant, but may also translate as first lieutenant or senior lieutenant. The Israel Defense Forces rank segen literally translates as deputy, which is equivalent to a lieutenant, there is great variation in the insignia used worldwide. In most English-speaking and Arabic-speaking countries, as well as a number of European and South American nations, an example of an exception is the United States, whose armed forces distinguish their lieutenant ranks with one silver bar for first lieutenant and one gold bar for second lieutenant. Second lieutenant is usually the most junior grade of commissioned officer, in non-English-speaking countries, the equivalent rank title may translate as second lieutenant, lieutenant, sub-lieutenant or junior lieutenant. Non-English terms include alferes, alférez, fänrik, ensign, Leutnant, letnan, poručík, a few non-English-speaking militaries maintain a lower rank, frequently translated as third lieutenant OF1c. The rank title may translate as second lieutenant, junior lieutenant, sub-lieutenant or ensign. Warsaw Pact countries standardised their ranking systems on the Soviet system, some of the former Soviet and Warsaw Pact nations have now discarded the third rank while many retain it like Bulgaria

11.
Anthony Kennedy
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Kennedy became the most senior Associate Justice on the court following the death of Antonin Scalia in February 2016. Since the retirement of Sandra Day OConnor in 2006, he has been the swing vote on many of the Courts 5–4 decisions. He has authored the majority ruling in many of these cases, including Lawrence v. Texas, Boumediene v. Bush, Citizens United v. FEC, Kennedy was born and raised in an Irish Catholic family in Sacramento, California. He was the son of Anthony J. Kennedy, an attorney with a reputation for influence in the California legislature, and Gladys, as a boy, Kennedy came into contact with prominent politicians of the day, such as California Governor and later U. S. He served as a page in the California State Senate as a young man, Kennedy attended Stanford University, graduating with a B. A. after spending his senior year at the London School of Economics. He earned an LL. B cum laude from Harvard Law School in 1961, Kennedy has been married to Mary Davis since 1963, and they have three children. Kennedy was in practice in San Francisco from 1961 to 1963. In 1963, following his fathers death, he took over his fathers Sacramento practice, from 1965 to 1988, he was a Professor of Constitutional Law at McGeorge School of Law, at the University of the Pacific. He continues to teach law students at seminars during McGeorges European summer sessions in Salzburg and he remains Pacific McGeorges longest-serving active faculty member. During Kennedys time as a California law professor and attorney, he helped California Governor Ronald Reagan draft a state tax proposal. Kennedy has served in numerous positions during his career, including the California Army National Guard in 1961, Kennedy was unanimously confirmed by the U. S. Senate on March 20 and received his commission on March 24,1975. On November 11,1987, Kennedy was nominated to the Supreme Court seat vacated by Lewis F. Powell, Kennedy was then subjected to an unprecedentedly thorough investigation of his background, which he easily passed. In a lower court dissent that Kennedy had written before joining the Supreme Court, considering such conduct offensive and destructive of the family, Kennedy had written, indifference to personal liberty is but the precursor of the states hostility to it. It does not follow that each of those rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system, many argue that a just society grants a right to engage in homosexual conduct. We can extend that slightly to say that Georgias right to be wrong in matters not specifically controlled by the Constitution is a component of its own political processes. Its citizens have the liberty to direct the governmental process to make decisions that might be wrong in the ideal sense. Kennedy said about Griswold v. Connecticut, I really think I would like to draw the line and he also discussed a zone of liberty, a zone of protection, a line thats drawn where the individual can tell the Government, Beyond this line you may not go

12.
Metropolitan Police Department, City of St. Louis
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The Metropolitan Police Department is the principal law enforcement agency responsible for serving City of St. Louis in the U. S. state of Missouri. The department is accredited through the Commission on Accreditation for Law Enforcement Agencies, the current Police Commissioner is Colonel Doyle Sam Dotson III, who was named to the position on December 14,2012. The Metropolitan Police Department is a division of the St. Louis Department of Public Safety, Metropolitan Police Department is the Second largest City Police agency in Missouri, based on number of employees, city population, and geographic area served. The Metropolitan Police Department, City of St. Louis is headed by Police Commissioner Sam Dotson, the MPDs organization consists of the Office of the Police Commissioner and Five bureaus. The SLMPD uses the ranks, as dictated by State Statute. The structure of the Senior Command staff of The Police is, both regularly marked and slicktop vehicles are used frequently. Each officer is issued the Beretta 92D 9mm handgun which has been standard issue since 1992, many families of those killed in the line of duty get support from BackStoppers, a local charity. The causes of death are as follows, Bureau of Enforcement is made up of more than 1,000 commissioned officers, the Bureau of Enforcement, which also contains SLMPDs Special Weapons and Tactics team, contains Three platoons of specially-trained police officers. SWAT members are selected from a roster based upon their attitude, job performance, all members must maintain a high level of proficiency in special weapons training and tactics. Rapid deployment, surprise, extensive training and thorough planning are all parts of successful SWAT operations. SWAT currently operates the Lenco B. E. A. R, the Special Operation Teams will identify and conduct investigations into specific problem areas of criminal behavior within the City. Narcotic Control Assistance Investigators will be commanded by an officer who will report directly to the Commander of the Bureau of Enforcement & Investigation Support. The Narcotic Control Assistance Investigators will assist in the investigation of violent offenders, drug traffickers, the DEA Task Force Investigators will be commanded by an officer who will report directly to the Bureau of Enforcement & Investigation Support. Metro Air Support, as of July 2,2007, boasts 6 helicopters,1 fixed wing airplane,6 pilots, the Mounted Patrol Unit operates as part of the Traffic Safety Division. Mounted Patrol is responsible for patrolling the nearly 1300 acres of Forest Park on a 24-hour basis, in May 2015, Metropolitan Police Department, City of St. Louis Real Time Crime Center was unveiled at Police Headquarters located at 1915 Olive. The RTCC is manned with Commissioned Police Officers 24-hours a day and 365 days a year, the RTCC took over the functions of the SLMPD Command Post, quickly becoming the technology and information center for the SLMPD. There are currently 8 Commissioned Officers and 1 Commissioned Sergeant assigned to the RTCC on a full-time basis, such services will include providing radio communications to various sectors of the City of St